GARDNER, J.
This is a case involving a prosecution and conviction in the Superior Court of Walton County, of an assault and battery, and the error assigned is to the overruling by the trial judge of the defendant's motion for a new trial, as amended. The defendant, Claude McCart, was indicted for said offense by the grand jury of said county along with Tillman Carlyle Jr. and charged therein with an assault upon Albert Criswell Jr. The defendants were tried together...
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